PLEASE READ
CAREFULLY BEFORE DOWNLOADING OR USING THE APP FROM THE APP STORES

Last
updated: May 21 2018

This
end-user license agreement (EULA) is a legal agreement between you (End-user or
you) and Ideation Connect LLC and Town of Benson, North Carolina (Licensor, us
or we) for:

Benson
NC mobile application software (App);

We
license use of the App to you on the basis of this EULA and subject to any
rules or policies applied by the Google Android application store https://play.google.com/intl/en-US_us/about/play-terms.html and Apple store
agreement https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

We do not
sell the App to you. We and/or the owners of the App remain the
owners of the App at all times.

IMPORTANT NOTICE:

By
downloading the App from store on your device you agree to the terms of the license
which will bind you. The terms of the license include, in particular, limitations
on liability in condition as described in this document section 10. Please review this agreement carefully before installation and/or
you use this application.

If you do
not agree to the terms of this license, we will not license the App to you and
you must stop using the App and you should remove App from your device
immediately. You should print a copy of this EULA for future reference.

OPERATING SYSTEMS REQUIREMENTS:

ŠIn order to use the
Application, you are required to have a compatible mobile telephone or handheld
device, internet access, and the necessary minimum specifications ('Software
Requirements').

ŠThe version of the
Application software may be upgraded from time to time to add support for new
functions and services

AGREED TERMS

1.ACKNOWLEDGEMENTS

1.1The terms of
this EULA apply to the App or any of the services accessible through the App
(Services), including any updates or supplements to the App or any Service,
unless they come with separate terms, in which case those terms apply. If any
open-source software is included in the App or any Service, the terms of an
open-source license may override some of the terms of this EULA.

1.2We may change
these terms at any time by sending you an “In-App notification” with details of
the change or notifying you of a change when you next start the App. The new
terms may be displayed on-screen and you may be required to read and accept
them to continue your use of the Services.

1.3From time to
time updates to the App may be issued through the Appstore. Depending on the
update, you may not be able to use the Services until you have downloaded the
latest version of the App and accepted any new terms.

1.4You acknowledge that the
terms of agreement with your respective mobile network provider (‘Mobile
Provider’) will continue to apply when using the Application. As a result, you
may be charged by the Mobile Provider for access to network connection services
for the duration of the connection while accessing the Application or any such
third party charges as may arise. You accept responsibility for any such
charges that arise.

1.5If you are not the bill
payer for the mobile telephone or handheld device being used to access the
Application, you
will be assumed to have obtained permission from the owners of the mobile
telephone or handheld devices that are controlled, but not owned, by you and
described in Operating Systems Requirements and to download a copy of the App
onto the Devices. You and they may be charged by your and their service
providers for internet access on the Devices. You accept responsibility in
accordance with the terms of this EULA for the use of the App or any Service on
or in relation to any Device, whether or not it is owned by you.

1.6By using the App
or any of the Services, you consent to us collecting and using technical
information about the Devices and related software, hardware and peripherals
for Services that are internet-based or wireless to improve our products and to
provide any Services to you.

1.7The App or any
Service may contain links to other independent third-party websites
(Third-party Sites). Third-party Sites are not under our control, and we are
not responsible for and do not endorse their content or their privacy policies
(if any). You will need to make your own independent judgement regarding your
interaction with any Third-party Sites, including the purchase and use of any
products or services accessible through them.

1.8Any words
following the terms including, include, in particular or for example or any
similar phrase shall be construed as illustrative and shall not limit the
generality of the related general words.

2. GRANT AND SCOPE
OF LICENCE

2.1In consideration
of you agreeing to abide by the terms of this EULA, we grant you a
non-transferable, non-exclusive, royalty-free-revocable license to use the App
on the Devices, subject to these terms, the Privacy Policy and the Appstore
Rules, incorporated into this EULA by reference. We reserve all other rights.

2.2You may: (a)
download a copy of the App onto an Android or iOS device and to view, use and
display the App on the Devices for your personal purposes only;

3.DATA
PROTECTION

Any personal information
you supply to us when using the Application will be used in accordance with our
Privacy Policy.

4.INTELLECTUAL
PROPRIETARY RIGHTS

4.1All trademarks,
copyright, database rights and other intellectual property rights of any nature
in the Application together with the underlying software code are owned either
directly by Ideation Connect Inc. or by Ideation Connect Inc.’s licensors.

4.2You acknowledge that
all intellectual property rights in the App anywhere in the world belong to us
or our licensors, that rights in the App are licensed (not sold) to you, and
that you have no rights in, or to, the App other than the right to use in
accordance with the terms of this EULA.

4.3You acknowledge that
you have no right to have access to the App in source-code form.

c)not to make
alterations to, or modifications of, the whole or any part of the App, or
permit the App or any part of it to be combined with, or become incorporated
in, any other programs;

d)not to alter, modify,
disassemble, decompile, reverse-engineer, transfer, exchange or translate the
Application; or create derivative works based on the whole or any part of the
App or attempt to do any such thing except to the extent that (by virtue of
section 296A of the Copyright, Designs and Patents Act 1988) such actions
cannot be prohibited because they are essential for the purpose of achieving
inter-operability of the App with another software program, and provided that
the information obtained by you during such activities:

e)is used only for the
purpose of achieving inter-operability of the App with another software
program;

f)is not unnecessarily
disclosed or communicated without our prior written consent to any third party;
and

g)is not used to create
any software that is substantially similar to the App;

h)to keep all copies of
the App secure and to maintain accurate and up-to-date records of the number
and locations of all copies of the App;

i)to include our copyright
notice on all entire and partial copies you make of the App on any medium;

j)not to provide or
otherwise make available the App in whole or in part (including object and
source code), in any form to any person without prior written consent from us;
and

k)to comply with all
technology control or export laws and regulations that apply to the technology
used or supported by the App or any Service (Technology), together License
Restrictions.

6.ACCEPTABLE USE
RESTRICTIONS

You must:

a)not use the App or any
Service in any unlawful manner, for any unlawful purpose, or in any

manner inconsistent
with this EULA, or act fraudulently or maliciously, for example, by hacking
into or inserting malicious code, including viruses, or harmful data, into the
App, any Service or any operating system;

b)not infringe our
intellectual property rights or those of any third party in relation to your
use of the App or any Service(to the extent that such use is not licensed by
this EULA);

c)not transmit any material
that is defamatory, offensive or otherwise objectionable in relation to your
use of the App or any Service;

d)not use the App or any
Service in a way that could damage, disable, overburden, impair or compromise
our systems or security or interfere with other users; and

e)not collect or harvest
any information or data from any Service or our systems or attempt to decipher
any transmissions to or from the servers running any Service.

7.EVENTS OUTSIDE OUR CONTROL

7.1We will not be liable or responsible
for any failure to perform, or delay in performance of, any of our obligations
under this EULA that is caused by any act or event beyond our reasonable control,
including failure of public or private telecommunications networks (Event Outside
Our Control).

7.2 If an Event Outside Our
Control takes place that affects the performance of our obligations under this
EULA:our obligations under this EULA will
be suspended and the time for performance of our obligations will be extended
for the duration of the Event Outside Our Control; and we will use our
reasonable endeavours to find a solution by which our obligations under this
EULA may be performed despite the Event Outside Our Control.

8.AVAILABILITY

8.1This Application is
available to handheld mobile devices running Apple iOS and Android OS Operating
Systems. We will use reasonable efforts to make the Application available at
all times. However you acknowledge the Application is provided over the internet
and mobile networks and so the quality and availability of the Application may
be affected by factors or events outside our reasonable control.

8.2We and sub-contractors
do not accept any responsibility whatsoever for unavailability of the
Application, or any difficulty or inability to download or access content or
any other communication system failure which may result in the Application
being unavailable.

8.3We will not be
responsible for any support or maintenance for the Application. Support will be
provided as per best commercial efforts.

9.TERMINATION

9.1The Application is
currently made available to you free of charge for your personal,
non-commercial use. We reserves the right to amend or withdraw the Application,
or charge for the application or service provided to you in accordance with
these EULA at any time and for any reason.

9.2We may terminate use
of the Application at any time by giving written notice of termination to you.

a)if you commit a
material or persistent breach of this EULA which you fail to remedy (if
remediable) within 14 days after the service of written notice requiring you to
do so;

b)if you breach any of
the Licence Restrictions or the Acceptable Use Restrictions; and

c)on thirty days’ notice

9.3Upon any termination
for any reason:

a)all rights granted to
you under this EULA shall cease;

b)you must immediately cease all activities
authorised by this EULA;

c)you must immediately
delete or remove the App from all Devices, and immediately destroy all copies
of the App and Documents then in your possession, custody or control and
certify to us that you have done so.

10.LIMITATION OF
LIABILITY

10.1 We only supply the App for Town to its residents communication
usage. In no event will we be liable for any direct, indirect, special,
punitive, exemplary or consequential losses or damages of whatsoever kind
arising out of your use or access to the Application, including loss of profit
or the like whether or not in the contemplation of the parties, whether based
on breach of contract, tort (including negligence), product liability or
otherwise.

10.2 We are not liable to you for any damage or alteration to your
equipment including but not limited to computer equipment, handheld device or
mobile telephones as a result of the installation or use of the Application.

10.3 Nothing in these EULA shall exclude or limit Ideation Connect
or Town of Benson’s liability for death or personal injury caused by negligence
or for fraud or fraudulent misrepresentation or any other liability which
cannot be excluded or limited under applicable law.

11.DISCLAIMER OF
WARRANTIES

11.1You
expressly acknowledge and agree that use of the App and Services provided is at
your sole risk

and that the entire risk as to
satisfactory quality, performance, accuracy and effort is with you.

11.2To the maximum extent permitted by law, and for the
avoidance of doubt, save for section 2 of the

Supply of Goods and Services
Act 1982, Ideation Connect hereby disclaims all implied warranties with regard
to the Application. The Application and software are provided "as is"
and "as available" with all

faults and without warranty of any
kind, and we hereby disclaim all warranties and conditions with respect to the
App, Documents and Services, either express, implied or statutory, including,
but not limited to, any implied warranties and/or conditions of
merchantability, of satisfactory quality, of fitness for a particular purpose,
of accuracy, of quiet enjoyment, and non-infringement of third party rights. We
do not warrant against interference with your enjoyment of the App or Services,
that the functions contained in the App or Services will meet your
requirements, that the operation of the App or Services will be uninterrupted
or error-free, or that defects in the App or Services will be corrected. No
oral or written information or advice given by us or our authorized
representative shall create a warranty. Should the App or Services prove
defective, you assume the entire cost of all necessary servicing, repair or
correction.

12.COMMUNICATION BETWEEN
US

12.1 If you wish to contact
us in writing, or if any condition in this EULA requires you to give us notice
in writing, you can send this to us by e-mail at apps@ideationconnect.com. We
will confirm receipt of this by contacting you in writing, normally by e-mail.

12.2 If we have to contact
you or give you notice in writing, we will do so by e-mail to the email address
you provide to us in your request for the App.

13.OTHER IMPORTANT TERMS

13.1 We may transfer our
rights and obligations under this EULA to another organization, but this will
not affect your rights or our obligations under this EULA.

13.2 You may only transfer
your rights or obligations under this EULA to another person if we agree in
writing.

13.3 If we fail to insist
that you perform any of your obligations under this EULA, or if we do not
enforce our rights against you, or if we delay in doing so, that will not mean
that we have waived our rights against you and will not mean that you do not
have to comply with those obligations. If we do waive a default by you, we will
only do so in writing, and that will not mean that we will automatically waive
any later default by you.

13.4 Each of the conditions
of this EULA operates separately. If any court or competent authority decides
that any of them are unlawful or unenforceable, the remaining conditions will
remain in full force and effect.

13.5Please note that this
EULA, its subject matter and its formation, are governed under the copyright
laws of the United State.